Immigration for LGBT Families

As a result of the Supreme Court's recent decisions overturning the Defense of Marriage Act and legalizing same-sex marriage nationwide, U.S. citizens, permanent residents and other visitors can now obtain a wide range of immigration benefits for their same-sex spouses.  Same-sex marriages are now considered valid for purposes of U.S. immigration law so long as the couple's marriage was recognized in the U.S. state or foreign country where the marriage was celebrated.  


Together with subsequent actions taken by U.S. executive agencies, the Supreme Court's recent decision overturning the Defense of Marriage Act confers the following benefits on same-sex families (among others):


  • U.S. citizens can petition for green cards (permanent resident status) for their same sex spouses;

  • U.S. citizens can petition for fiance(e) visas for their same-sex fiance(e)s and their children;

  • Same-sex spouses of green card holders will now be entitled to derivative beneficiary status, which allows them to live and work in the US.

  • Foreign visitors to the US holding nonimmigrant visas (such as H1B, L1, O1, etc.) can bring their same-sex spouses to the US to live and, in some cases, work;

  • Minor children of foreign same-sex spouses can now be considered stepchildren of the U.S. spouse for purposes of US immigration law;

  • Abused same-sex spouses of U.S. citizens can now claim immigration benefits and other legal protections for themselves and their children under the Violence Against Women Act.


Edgecomb Law LLC is committed to helping same-sex couples through the immigration process, whether they are reuniting after long periods of separation or have been living together for years in the U.S. or abroad. If you would like to discuss immigration options relating to your same-sex marriage with an immigration attorney, please do not hesitate to contact us for a free consultation.  Edgecomb Law LLC has a nationwide immigration practice, which means that the firm works with immigration clients in the Boston area as well as throughout the United States and abroad.













ATTORNEY ADVERTISING. MATERIAL PUBLICITARIO DE ESTUDIO JURIDICO. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome.​ Attorney Sarah C. Edgecomb is admitted to practice in New York. Edgecomb Law LLC's practice is strictly admitted to federal immigration and tax law.

© 2013 by Edgecomb Law LLC.​


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